founded, it might happen, if he were allowed to abandon the seat petitioned against, instead of waiting to be ejected from it, that he would be the means of nullifying the right of the candidate who stood next him on the poll to be declared duly elected in his stead. In accordance with this rule, the late Mr. O'Connell, who had been chosen for the counties of Cork and Meath, and whose return for the former county had been petitioned against, waited until the petition was dismissed, and then signified his intention to sit for Cork, by letter to the Speaker.1

CHAP L

unseated on

petition:

When a member is unseated on petition, the By being motion may be made as soon as the House, on being informed by the Speaker that he has received a certificate from the judge who tried the petition that such member was not duly elected, recommends that "a new writ ought to issue;" provided that previous notice of such motion has been given in the votes. If, however, the notice should be dropped, it must be renewed like other dropped notices.3

2

When the House resorts to the extreme mea- By expulsure of expelling a member, reasonable notice is sion. given of the motion to be made for his expulsion on a day fixed; and, if possible, an order is served upon him to attend in his place on that day. But whether any service is effected or not, and whether he attends or absents himself, the motion may be made when the day arrives.4

ed during

Such are the regulations on this head, when New writs, the House is sitting. There are only four cases how obtainin which warrants for writs can be issued during the recess : the recess namely, on vacancies occurring by death, peerage, the acceptance of office from the

crown, or bankruptcy. If the vacancy is due on a vacancy

1 May's Parl. Pract. ed. 7, p. 643.

2 Resolution of April 5, 1848; May's Parl. Pract. 627.

2 Sligo, June 28, 1848; 99 Hans. 1289.

4 Hans. 1187; 16 ib. 561; 184 ib. Feb. 16, 1857. He is

re-eligible immediately; 38 Com. J. 977.

CHAP. I.

by death or peerage:

By acceptance of office :

to the first, or second, of the above causes-and
if the case
fall not within any of the three
exceptions about to be noticed- -a certificate of
the late member's death, or of his summons to
the Upper House, is drawn up in the form
provided in the Schedule of 24 Geo. III. c. 26,'
and, after having been signed by two members of
the Commons, is delivered to the Speaker; who
forthwith causes a notice thereof to be inserted in
the London Gazette, and issues his warrant for a
new writ not less than fourteen days after such
insertion.2 The exceptions are:-1, When the
writ by which the deceased, or ennobled, mem-
ber was elected has not been brought into the
office of the Clerk of the Crown fifteen days, at
the least, before the end of the last sitting; 2,
where there is not time for the issue of a new writ,
before the day when the House next meets for
the despatch of business; 3, where a petition is
pending against the election or return of the late
deceased, or ennobled, member. If the case falls
within any or either of these exceptions, the war-
rant cannot be issued for the writ except on regular
motion when the House meets.3

When, during the recess, a member accepts any office which, either by statute or any previous determination of the House vacates his seat (except the Chiltern Hundreds, or the stewardship or bailiffship of East Hendred, Northstead, or Hempholme, or the escheatorship of Munster), he must forthwith notify such acceptance to the Speaker, either by writing under his hand, or by countersigning a statutory certificate under the hands of two members of the House, to be sent by them to the Speaker, together with a copy of any of the Queen's gazettes

in which the appointment appears. Thereupon, if the Speaker considers the appointment to vacate the seat, he must, after giving fourteen days' notice in the London Gazette of his having received such certificate and notification, issue his warrant to the Clerk of the Crown for a new writ. But if the Speaker entertains any doubt, he may, instead of issuing his warrant, reserve the question for the decision of the House.1

CHAP. I.

The preliminaries to issuing a warrant for a new By bankwrit during the recess, on account of a vacancy by ruptcy. bankruptcy, are as follows:-The fact of the member having become bankrupt is certified in the same manner, and under the same statute, as when such an event occurs during the sitting of the House;" whereupon the Speaker is required to have notice thereof inserted in the London Gazette, and to issue his warrant for a new writ fourteen days after such insertion; provided that there be time before the next meeting of the house for the expiration of the above period, and for the issue of the warrant. Otherwise, no step can be taken till after the recess, when the motion must be made in the regular way.3

if writ

issued by

mistake.

Such are the preliminaries to the issue of writs, Supersedeas both during the sittings of the House, and during the recess. If, through misinformation as to a vacancy having arisen, or from any other cause, a writ has been improperly issued or directed, the House will order the Messenger of the Great Seal to forbear delivering the writ; or else they will direct the Speaker to make out a supersedeas.

4

It only remains to be said that the functions of The case of 121 & 22 Vict. c. 110, s. 3, App. lviii.

2 Ante, p. 4.

3 52 Geo. III. c. 144, as to Scotland and Ireland, App. vii. and 32 & 33 Vict. c. 71, s. 124, as to England, App. lxxxii. 4 Rogers on Elections, ed. 10, p. 235; May's Parl. Pract. ed. 7,

p. 628.

5 64 Com. J. 48; 81 ib. 223; 86 ib. 134, 182; Votes, Feb. 5, 1851 (Dungarvan), 106 Com. J. 12.

CHAP. I.

the Speaker being dead, absent, or of his seat being vacant.

the Speaker, to which reference has been made in this chapter, devolve, in the case of his death, or absence, or of his seat becoming vacant, upon certain members of the House (not more than seven, nor less than three), whom at the beginning of every Parliament, and within a convenient time after his own accession to office, or upon their number being reduced below the number of three, he appoints for the purpose.'

1 24 Geo. III. c. 26, s. 5, App. v.

CHAPTER II.

THE WRIT: HOW DIRECTED: HOW FORWARDED:

NOTICE TO WAR OFFICE.

The Writ.] By the Ballot Act, 1872, Sch. II., On a general the ancient form of writ is altered, and a new and election; shorter form substituted. When a general elec

1

tion takes place, the writ appoints a day on which Parliament is to meet, specifies the number of representatives to be elected, and concludes by enjoining the officer to whom it is addressed to cause the names of the member or members when elected to be certified to the Crown in Chancery without delay. A new writ is much to the same In other effect; except that it omits the preamble and cases. explains, in addition, how the vacancy occurred which is to be supplied."

Writ, how directed.] The person to whom the

1 It may be observed that the words "of the most fit and discreet," which occurred in the old form of writ, and were relied on by Lord Coke (4 Inst. 47, 48) as his reason for holding that a man attainted of treason or felony could not be elected, are now omitted. Also what was called the "nolumus" clause is omitted in this new form of writ. That clause was as follows: "We are willing nevertheless that neither you or any other sheriff of our said United Kingdom be in anywise elected." As to the history and effect of this clause, see Rogers on Elections, ed. 10, p. 201, note.

2 By 15 & 16 Vict. c. 23, App. xlvii. whenever a new parliament is summoned there are to be not less than thirty-five days between the date of the proclamation and the day appointed for the meeting thereof. By s. 15 of the Ballot Act, 1872, the word "proclamation is to be deemed to include a public notice given in pursuance of the Ballot Act. By the schedule to the Ballot Act, 31 & 32 Vict. c. 58, s. 11, which shortened the time to twenty-eight days, is repealed.

3 See form, App. cxvi.